Patna High Court
Chhotan RajvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, seven villagers, sought anticipatory bail in a case (PS Haspura Case No. 251 of 2025) alleging assault, robbery and related offences under multiple sections of the Bhartiya Nyaya Sanhita. The prosecution alleged that on 28 August 2025 the petitioners attacked the informant's mother, injured the informant and his father, and stole ornaments worth about Rs.1 lakh. The petitioners contended that the incident arose from a trivial village scuffle, that the charges were false and politically motivated, and that the allegations were vague and the injuries minor. The court examined the nature of the allegations, noting they were general and the injuries simple, and considered the applicability of Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita for anticipatory bail. Finding no substantial ground to deny bail, the court granted anticipatory bail to each petitioner subject to a bail bond and sureties. The order directed release upon arrest or surrender within four weeks, subject to compliance with the bail conditions.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences under the Bhartiya Nyaya Sanhita.
- Whether the allegations against the petitioners are sufficiently specific to deny bail.
- Whether Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in this case.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 74
Subjects
- anticipatory bail
- criminal procedure
- assault
- theft
- village dispute
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9177 of 2026
Arising Out of PS. Case No.-251 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
1. Chhotan Rajvanshi Son of Ghura Rajvanshi @ Dhura Rajvanshi R/o Village
- Tilakpura, Tola Rajvhar Bigha, P.S. - Haspura, Dist. - Aurangabad
2. Krishna Rajvanshi Son of Munarik Rajvanshi R/o Village - Tilakpura, Tola
Rajvhar Bigha, P.S. - Haspura, Dist. - Aurangabad
3. Mahavir Rajvanshi @ Mahaveer Rajvanshi Son of Late Sohrai Rajvanshi
R/o Village - Tilakpura, Tola Rajvhar Bigha, P.S. - Haspura, Dist. -
Aurangabad
4. Ram Keshwar Rajvanshi @ Ram Kaisar Rajvanshi Son of Sohan Rajvanshi
R/o Village - Tilakpura, Tola Rajvhar Bigha, P.S. - Haspura, Dist. -
Aurangabad
5. Rakesh Rajvanshi @ Rakesh Kumar Son of Krishna Rajvanshi R/o Village -
Tilakpura, Tola Rajvhar Bigha, P.S. - Haspura, Dist. - Aurangabad
6. Uday Rajvanshi @ Uday Kumar Son of Ashok Rajvanshi R/o Village -
Tilakpura, Tola Rajvhar Bigha, P.S. - Haspura, Dist. - Aurangabad
7. Santosh Rajvanshi @ Santosh Kumar Son of Harvansh Rajvanshi R/o
Village - Tilakpura, Tola Rajvhar Bigha, P.S. - Haspura, Dist. - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Haspura Police Station Case No. 251 of 2025, dated
29.08.2025, disclosing offences under Sections
191(2)/190/126(2)/115(2)/118(1)/109(1)/74/352/351(2)/
Patna High Court CR. MISC. No.9177 of 2026(3) dt.06-05-2026
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303(2) of the Bhartiya Nyaya Sanhita.
3. That the prosecution case, in brief, is that on 28.08.2025
at about 6:00 P.M., while informant’s mother was going to
a grocery shop, petitioner no. 6, Uday Rajvanshi, pushed
her and on protested, abused and assaulted her and also
tore her blouse. It has further been alleged that on alarm
being raised by the informant’s mother, the informant and
his father came to rescue her, who were also assaulted by
the petitioners by means of lathi, danda, etc. causing
fracture injury to informant’s father on his finger and
causing head injury to informant. Thereafter, the
petitioners entered the house of the informant and stolen
golden and silver ornaments, utensils and other articles
worth about Rs.1 lakh.
4. Learned counsel for the petitioners submits that the
petitioners are co-villagers and occurrence took place due
to scuffle on trivial issue. He next submits that the
petitioners have not committed any offence in the manner
alleged and they have falsely been implicated in the
present case due to village politics. He furthers submits
the allegation against the petitioners are general and
omnibus in nature and injuries caused to the victims are
Patna High Court CR. MISC. No.9177 of 2026(3) dt.06-05-2026
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simple in nature, as would be evident records of case
dairy.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that both the
parties are villagers, allegations against them are general
and omnibus in nature and injuries caused to the victims
are simple in nature, I am inclined to grant the petitioners
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate First Class, Daudnagar, Aurangabad, in
connection with Haspura Police Station Case No. 251 of
2025, subject to the condition laid down under Section
482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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